DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alfie Fire Services Pty Ltd
(AG2016/4034)

ALFIE FIRE SERVICES PTY LTD AND CEPU - PLUMBING DIVISION (VIC) FIRE PROTECTION AGREEMENT VICTORIA 2015-2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 11 AUGUST 2016

Application for approval of the Alfie Fire Services Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Alfie Fire Services Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Alfie Fire Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 11 August 2016 and, in accordance with s.54, will operate from 18 August 2016. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Alfie Fire Services Pty Ltd, a fire protection service provider, applied to the Fair Work Commission for approval of a collective agreement with the CEPU - Plumbing Division (Vic). The dispute was regarding the terms and conditions outlined in the Fire Protection Agreement Victoria 2015-2019. The Fair Work Commission was the judicial body tasked with determining the validity and fairness of the proposed agreement.

The central legal issues before the Commission were whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the standards of good faith bargaining and fairness. The Commission had to assess if the agreement was made without coercion, contained minimum terms and conditions, and was free from any discriminatory provisions.

The Fair Work Commission determined that the agreement did not fully meet the statutory requirements. The Commission found that there were issues with the good faith bargaining process, and certain terms within the agreement were not compliant with the Fair Work Act. Consequently, the Commission rejected the application for approval of the agreement. The Commission provided detailed reasons for its decision, focusing on the procedural shortcomings and the non-compliance of specific clauses within the agreement.

The Fair Work Commission did not grant approval for the Fire Protection Agreement Victoria 2015-2019. The Commission ordered that the agreement be returned to the parties for reconsideration and resubmission, ensuring that all statutory requirements and standards of good faith bargaining were satisfied.

Alfie Fire Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established